TITLE 16. ECONOMIC REGULATION
PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 116. DIETITIANS
The Texas Department of Licensing and Regulation (Department) proposes a new rule at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter B, §116.10; amendments to existing rules at Subchapter I, §§116.80 - 116.82; and the repeal of existing rules at Subchapter B, §§116.10 - 116.14; and Subchapter I, §116.83, regarding the Dietitians program. These proposed changes are referred to as the "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians; Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department); and other laws applicable to the Commission and the Department.
The proposed rules update Subchapter B, Dietitians Advisory Board, and Subchapter I, Continuing Education, under 16 TAC, Chapter 116. The proposed rules make substantive and clean-up changes to the Dietitians program rules and include changes resulting from legislation, the Department's regulatory efficiency review, and Department staff and workgroup recommendations.
Changes Resulting from Legislation
The proposed rules incorporate and reflect the changes required by SB 2075, Sections 22 and 23, 89th Legislature, Regular Session (2025), which concerns the Dietitians Advisory Board, and SB 25, 89th Legislature, Regular Session (2025), which concerns licensed dietitians' continuing education hours and subject matter requirements.
SB 2075, Sections 22 and 23, made changes to Texas Occupations Code, §701.054(a) and §701.057, by removing the specific start dates of the advisory board members' terms and increasing the presiding officer's term from one year to two years. SB 25 made changes to §§701.302 - 701.304, by requiring certain continuing education subjects and hourly completion for licensed dietitians.
The proposed rules are necessary to update the advisory board rules as required by SB 2075 and to implement the new SB 25 continuing education requirements for licensed dietitians.
Changes Resulting from Regulatory Efficiency Review
The proposed rules make changes resulting from the regulatory efficiency review conducted by the Department and the Texas Regulatory Efficiency Office (TREO) under Texas Government Code, Chapter 465. The proposed rules are necessary to consolidate and streamline the advisory board rules and to meet efficiency goals of the Department and TREO.
Staff and Workgroup Changes
The proposed rules include continuing education rule changes suggested by Department staff and recommended by the Dietitians Advisory Board Education and Examination Workgroup. The proposed rules are necessary to: make human trafficking prevention training eligible for continuing education credit; and update continuing education hours for book and journal article authorship.
Clean-up Changes
The proposed rules include reorganization and clean-up changes. The proposed rules are necessary to: ensure the Dietitians rules are consistent with other Department continuing education and audit rules; conform with current drafting conventions; and increase readability and organization of the rules.
Advisory Board Recommendations
The proposed rules were presented to and discussed by the Dietitians Advisory Board at its meeting on August 18, 2026. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY
Subchapter B. Dietitians Advisory Board
The proposed rules create a new rule §116.10, Dietitians Advisory Board. This new rule consolidates all advisory board rules under this section and reflects efficiency goals of the Department and the Texas Regulatory Efficiency Office (TREO) under Texas Government Code, Chapter 465. The new rule also replaces repeated statutory language with cross references to the applicable advisory board provisions under Texas Occupations Code, Chapters 701 and 51. These statutory references also include changes made by SB 2075, Sections 22 and 23, which removed the specific start date of the advisory board members' terms and changed the presiding officer's term from one year to two years.
The proposed rules repeal §116.10, Membership. All advisory board rules are consolidated under new rule §116.10.
The proposed rules repeal §116.11, Duties. All advisory board rules are consolidated under new rule §116.10.
The proposed rules repeal §116.12, Terms; Vacancies. All advisory board rules are consolidated under new rule §116.10.
The proposed rules repeal §116.13, Officers. All advisory board rules are consolidated under new rule §116.10.
The proposed rules repeal §116.14, Meetings. All advisory board rules are consolidated under new rule §116.10.
Subchapter I. Continuing Education
The proposed rules amend §116.80, Continuing Education--General Requirements and Hours. The proposed rules provide that a licensed dietitian "must complete 12 hours," rather than "a minimum of 12 hours," of continuing education for each license term. This change aligns with the maximum of 12 hours of continuing education allowed by SB 25.
The proposed rules change the title of §116.81 from "Continuing Education--Approved Courses and Credits" to "Continuing Education--Courses, Activities, and Credits." This title change better reflects the scope and substance of the rule, which addresses courses and activities that are acceptable and unacceptable for continuing education (CE) credit and addresses the amount of credit available for acceptable courses and activities. The proposed rules further amend §116.81 as follows:
Subsection (a) states that CE courses and activities used by licensed dietitians must be offered or approved by the Commission on Dietetic Registration or its agents or a regionally accredited college or university while referencing subsections (c) and (d) as exceptions to this requirement.
Subsection (b) and its paragraphs describe which courses and activities are acceptable for licensed dietitians' continuing education. The paragraphs incorporate and consolidate language from former subsections (d)(1) and (d)(2) and acceptable CEs that had been posted on the Department's website. Paragraph (6) of subsection (b) delineates between CE credits for authoring books (3 hours maximum) and journal articles (2 hours maximum) and uses the language "peer-reviewed" rather than "refereed." The words "licensed dietitian" are used to replace "licensee" to reflect current drafting standards.
New subsection (c) implements SB 25 by requiring that on or after January 1, 2027, licensed dietitians seeking license renewal must complete three CE hours in the subjects of metabolic health and the nutritional components and health effects of ultra-processed foods, or topics recommended by the new, Governor-appointed Texas Nutrition Advisory Committee.
New subsection (d) provides that acceptable CE activities or courses include the Texas Jurisprudence Examination (1 hour) and the human trafficking prevention training (1 hour) that is required for license renewal.
Prior subsection (c) is re-lettered as subsection (e), and it lists the unacceptable CE courses and activities. The changes to this subsection include making cleanup changes to the wording of the rule; replacing a reference to "licensee" with "licensed dietitian" to reflect current drafting conventions; and clarifying that courses and activities are contemplated by the rule.
Prior subsection (d) is repealed, since it was consolidated into subsection (b) and new subsection (d).
The proposed rules amend §116.82, Continuing Education--Records and Audits. The proposed rules amend this section by removing obsolete continuing education audit language and replacing this language with a cross reference to Department rule §60.701, Continuing Education Audits for License Renewal. Section 60.701 is located under 16 TAC Chapter 60, Subchapter M, and it applies to continuing education audits of specific Department programs, including the Dietitians program. The continuing education audit rules under §60.701 now apply to licensed dietitians' continuing education audits.
The proposed rules repeal §116.83, Continuing Education--Failure to Complete. The rules in this section are now outdated or duplicative with other rules that serve the same purpose.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Senior Policy Research and Fiscal Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.
Mr. Couvillon has also determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be that these proposed rules standardize the advisory board requirements for this program with other agency programs.
Additionally, with regard to CEs, the proposed rules respond to concerns expressed about nutrition and public health by adding a requirement included in SB 25 that license renewal CE hours cover topics related to metabolic health, ultra-processed foods, or topics recommended by the new Texas Nutrition Advisory Committee. SB 25 gave the Commission discretion to determine the number of these CE hours, and the proposed rules establish three hours in this new category.
Further, the changes increase CE options and reword and reorganize CE requirements, providing for better clarity of the pertinent rules. These updates uphold high standards of professional conduct and education, and streamline regulations, helping to safeguard the profession and the people they serve statewide.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules do not require an increase or decrease in fees paid to the agency.
5. The proposed rules create a new regulation.
The proposed rules create a new regulation with the requirement that, on or after January 1, 2027, licensed dietitians must take three (3) hours of CE relating to metabolic health, ultra-processed foods, or topics recommended by the new Texas Nutrition Advisory Committee.
6. The proposed rules expand, but do not limit or repeal, an existing regulation.
The proposed rules expand existing regulations by adding additional CE options; adding clarification to reflect that not only courses but certain activities can be eligible for CE credit; and adding an update concerning CE hours that licensed dietitians can receive for publishing books or academic journal articles.
7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES
The Department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rules and responses to the request for information may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/DIET_Rule_Making; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
SUBCHAPTER
B.
STATUTORY AUTHORITY
The proposed repeals are proposed under Texas Occupations Code, Chapter 51, specifically §51.201 and §51.203, which authorize the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, to adopt repeals as necessary to implement Chapter 51 and any other law establishing a program regulated by the Department; and §51.203 and §51.405, which authorize the Commission to adopt continuing education rules for the Department’s programs.
The proposed repeals are also proposed under Texas Occupations Code, Chapter 701, specifically §701.151, which establishes the regulatory authority of the Commission and Department under Chapter 701; §§701.051-701.058, which establish the requirements of the Dietitians Advisory Board; and §701.302 and §701.303, which require the Commission to adopt continuing education rules for licensed dietitians.
The statutory provisions affected by the proposed repeals are those set forth in Texas Occupations Code, Chapters 51, 116, and 701. No other statutes, articles, or codes are affected by the proposed repeals.
The legislation that enacted the statutory authority under which the proposed repeals are proposed to be adopted are Senate Bill 25 and Senate Bill 2075, 89th Legislature, Regular Session (2025).
§116.10.
§116.11.
§116.12.
§116.13.
§116.14.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 4, 2026.
TRD-202603874
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: October 18, 2026
For further information, please call: (512) 463-7750
16 TAC §116.10
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, specifically §51.201 and §51.203, which authorize the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, to adopt rules as necessary to implement Chapter 51 and any other law establishing a program regulated by the Department; and §51.203 and §51.405, which authorize the Commission to adopt continuing education rules for the Department’s programs.
The proposed rules are also proposed under Texas Occupations Code, Chapter 701, specifically §701.151, which establishes the regulatory authority of the Commission and Department under Chapter 701; §§701.051-701.058, which establish the requirements of the Dietitians Advisory Board; and §701.302 and §701.303, which require the Commission to adopt continuing education rules for licensed dietitians.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51, 116, and 701. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted are Senate Bill 25 and Senate Bill 2075, 89th Legislature, Regular Session (2025).
§116.10.
(a) Membership. The membership and appointments of the advisory board are governed by Texas Occupations Code §701.051.
(b) Duties. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of the Act and this chapter.
(c) Terms and Vacancies. The terms and vacancies of the advisory board are governed by Texas Occupations Code §701.054.
(d) Removal. A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code §51.209.
(e) Presiding Officer. The appointment, term, and voting privileges of the presiding officer of the advisory board are governed by Texas Occupations Code §701.057.
(f) Meetings.
(1) The advisory board shall meet pursuant to Texas Occupations Code §701.058 and §51.209.
(2) A quorum of the advisory board is necessary to conduct official business. A quorum is five members.
(3) Advisory board action shall require a majority vote of those members present and voting.
(g) Other Requirements. In addition to the provisions under Texas Occupations Code, Chapter 701, the advisory board is subject to Texas Occupations Code §51.209 and §51.2094, as applicable.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 4, 2026.
TRD-202603876
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: October 18, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
I.
STATUTORY AUTHORITY
The proposed repeal is proposed under Texas Occupations Code, Chapter 51, specifically §51.201 and §51.203, which authorize the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, to adopt repeals as necessary to implement Chapter 51 and any other law establishing a program regulated by the Department; and §51.203 and §51.405, which authorize the Commission to adopt continuing education rules for the Department’s programs.
The proposed repeal is also proposed under Texas Occupations Code, Chapter 701, specifically §701.151, which establishes the regulatory authority of the Commission and Department under Chapter 701; §§701.051-701.058, which establish the requirements of the Dietitians Advisory Board; and §701.302 and §701.303, which require the Commission to adopt continuing education rules for licensed dietitians.
The statutory provisions affected by the proposed repeal are those set forth in Texas Occupations Code, Chapters 51, 116, and 701. No other statutes, articles, or codes are affected by the proposed repeal.
The legislation that enacted the statutory authority under which the proposed repeal is proposed to be adopted is Senate Bill 25 and Senate Bill 2075, 89th Legislature, Regular Session (2025).
§116.83.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 4, 2026.
TRD-202603875
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: October 18, 2026
For further information, please call: (512) 463-7750
16 TAC §§116.80 - 116.82
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, specifically §51.201 and §51.203, which authorize the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, to adopt rules as necessary to implement Chapter 51 and any other law establishing a program regulated by the Department; and §51.203 and §51.405, which authorize the Commission to adopt continuing education rules for the Department’s programs.
The proposed rules are also proposed under Texas Occupations Code, Chapter 701, specifically §701.151, which establishes the regulatory authority of the Commission and Department under Chapter 701; §§701.051-701.058, which establish the requirements of the Dietitians Advisory Board; and §701.302 and §701.303, which require the Commission to adopt continuing education rules for licensed dietitians.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51, 116, and 701. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted are Senate Bill 25 and Senate Bill 2075, 89th Legislature, Regular Session (2025).
§116.80.
A licensed dietitian must complete 12 [a minimum of twelve (12)] continuing education hours during each two-year license term in accordance with this subchapter [licensing period].
§116.81.
Approved Courses and Credits.]
(a)
Except as provided under subsections (c) and (d), a licensed dietitian must complete the continuing education requirements through courses and activities offered or approved by the Commission on Dietetic Registration or its agents or a regionally accredited college or university. [The department has determined that to meet the continuing education requirements under the Act and this chapter, a licensee must take the courses and hours offered or approved by the Commission on Dietetic Registration or its agents or a regionally accredited college or university.]
(b)
A licensed dietitian shall receive continuing education credit if the course or activity as prescribed under subsection (a) falls into one or more of the following categories: [Continuing education undertaken by a licensee for renewal shall be acceptable if the experience falls in one or more of the following categories:]
(1) academic courses related to dietetics. Completion of coursework at or through an accredited college or university shall be credited for each semester hour on the basis of two clock hours of credit for each semester hour successfully completed for credit or audit;
(2) clinical courses related to dietetics. A course shall be credited on a one-for-one basis with Continuing Professional Education (CPE) as approved by the Academy;
(3) in-service educational programs, training programs, institutes, seminars, workshops and conferences in dietetics. An activity shall be credited on a one-for-one basis with Continuing Professional Education (CPE) as approved by the Academy;
(4) instructing or presenting continuing education programs or activities that were offered or approved by the Commission on Dietetic Registration or its agents. A program or activity shall be credited on a one-for-one basis with Continuing Professional Education (CPE) as approved by the Commission on Dietetic Registration or its agents. Multiple presentations of the same programs only count once;
(5) acceptance and participation in poster sessions offered by a nationally recognized professional organization in the dietetics field or its state equivalent organization. Participation will be credited one hour for six (6) poster sessions with a maximum of two clock hours for twelve (12) poster sessions;
(6)
books or articles published by the licensed dietitian [licensee] in relevant professional books and peer-reviewed [referred] journals, with three (3) continuing education hours to be credited for books, and two (2) continuing education hours to be credited for articles [. A minimum of three (3) continuing education hours will be credited for the publication]; or
(7)
self-study of professional materials that include self-assessment examinations. Six (6) hours maximum will be credited for self-study during the two-year license term [licensure period].
(c) On or after January 1, 2027, a licensed dietitian applying for license renewal must complete three (3) hours of continuing education in the subjects of metabolic health, nutritional components and health effects of ultra-processed foods, or topics recommended by the Texas Nutrition Advisory Committee under Chapter 119B, Health and Safety Code.
(d) A licensed dietitian may also receive continuing education credit for the following activities.
(1) A licensed dietitian may complete the Texas Jurisprudence Examination as part of the 12 continuing education hours. One hour of continuing education credit will be granted per license term for successful completion of the Texas Jurisprudence Examination during the license term.
(2) A licensed dietitian may complete the human trafficking prevention training required under Occupations Code, Chapter 116, and rule §116.53 as part of the 12 continuing education hours required under §116.80. One hour of continuing education credit will be granted for completion of the training during the license term.
(e) [(c)] The following courses and activities are unacceptable as continuing education and will not receive continuing education credit: [Activities unacceptable as continuing education for which the department may not grant continuing education credit are:]
(1)
education incidental to the regular professional activities of a licensed dietitian [licensee] such as learning occurring from experience or research;
(2) professional organization activity such as serving on committees or councils or as an officer;
(3) any continuing education activity completed before the current license term;
(4) any courses or activities described in subsection (b), which have been completed more than once during the current license term;
(5) performance of duties that are routine job duties or requirements; or
(6) participation in conference exhibits.
[(d) Continuing education experiences shall be credited as follows.]
[(1) Completion of course work at or through an accredited college or university shall be credited for each semester hour on the basis of two clock hours of credit for each semester hour successfully completed for credit or audit.]
[(2) An activity which meets the criteria of subsection (b)(2) or (3) shall be credited on a one-for-one basis with Continuing Professional Education (CPE) as approved by the Academy.]
[(3) A licensee may complete the Texas Jurisprudence Examination as part of the 12 continuing education hours. One hour of continuing education credit will be granted for successful completion of the Texas Jurisprudence Examination.]
§116.82.
[(a)]
The department shall employ an audit system for continuing education reporting as provided in §60.701. The licensed dietitian [licensee] shall be responsible for maintaining a record of the licensed dietitian’s [licensee’s] continuing education experiences. [The certificates, diplomas, or other documentation verifying earning of continuing education hours are not to be forwarded to the department at the time of renewal unless the licensee has been selected for audit.]
[(b) The audit process shall be as follows:]
[(1) The department shall select for audit a random sample of licensees for each renewal month. Licensees will be notified of the continuing education audit when they receive their renewal documentation.]
[(2) If selected for an audit, the licensee shall submit copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the licensee's attendance, participation, and completion of the continuing education. All documentation must be provided at the time of renewal.]
[(3) Failure to timely furnish this information or providing false information during the audit process or the renewal process are grounds for disciplinary action against the licensee.]
[(4) A licensee who is selected for continuing education audit may renew through the online renewal process. However, the license will not be considered renewed until required continuing education documents are received, accepted, and approved by the department.]
[(5) Licenses will not be renewed until continuing education requirements have been met.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 4, 2026.
TRD-202603877
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: October 18, 2026
For further information, please call: (512) 463-7750